- (1.) This is a petition under Section 482 of Cr.P.C for quashing FIR No. 298 dated 24.09.2007 for offences under Sections 22/ 61/85 of NDPS Act registered at Police Station City Tarn Taran, District Tarn Taran.
(2.) Brief facts of the case are that the Petitioner is a licensed Chemist and is running Chemist Shop under the name and style of M/s R.K. Medicine Centre and having valid drug license upto 18.07.2010 duly issued by the State Drug Controller. Punjab, Chandigarh. The Petitioner, as a Chemist, for the purpose of business, used to buy and sell various medicines from the wholesalers. The story of the prosecution is that on secret information and during Nakabandi, the Petitioner was apprehended on his scooter and the medicines Microlit (5000 Tablets) Subrinol (2000 Tablets) and Pyremol Spasm (2000 Capsules) were recovered from him. The police registered a case against the Petitioner as mentioned in the FIR that he could not produce licence/permit in carrying the said medicines, whereas, the Petitioner is having valid license for selling the medicines.
(3.) The matter was sent to the Committee by the State Government. The opinion of the Drug Inspector is as under: As per the opinion of the Distt. Drugs Inspector Jalandhar, the post of the drugs inspector is notified under Section 21 of the Drugs & Cosmetic Act 1940 and not under the NDPS Act 1985. The drugs recovered vide recovery memo are covered at Sr. No. 58 & 87 of the Notification No. 826 E dated 1/11/85 as they contain salt Dextropropoxyphene & Diphenoxylate and hence not covered under the NDPS Act 1985 being drug formulations. Further the drugs paracetamol. Acetaminophen is an analgesic & antipyretic drug whereas the drug Diclomine is antispasmodic drug and both the drugs are schedule drugs and not covered under the NDPS Act 1985. As per the opinion of the Drugs Inspector Distt. Tarn Taran according to the Notification No. 11/85 dated 14.11.1985 S.O. 826 (E) the Diphenoxylated fall at Sr. No. 58 of the said notification where it is clearly mentioned that all the preparations containing per dosage unit not more than 2.5 mg of Diphenoxylatge calculated as base is exempt from NDPS. Recommendations of the Committee is as follows: On perusal of the Chemical Analysis & Drugs Inspector's report it is revealed that the drugs recovered contain the salt of Dextropropoxyphene, Diphenoxylate, paracetamol & Diclomine. The opinion of the Drugs Inspector applies only if the drugs are recovered from the shop of the accused Petitioner who must be the holder of a valid drug sale license but here the drugs (9000 tabs.) have not been recovered from his shop situated at Amritsar rather these drugs have been recovered from Tarn Taran city. Moreover, the Petitioner is not a holder of a valid drugs sale license in his name. The drugs sale license No. 17707/OW & 17508/W issued on 19.07.05, valid till 18.07.2010, produced by the Petitioner has been issued in favour of R.K. Medicine Centre, Bazar No. 3, Kot Mit Singh, Tarn Taran Road, Amritsar with qualified person Incharge Maninder Singh who is son of the Petitioner and the license is not in the name of the Petitioner. Here in this case the shop of the Petitioner is on Tarn Taran Road in Amritsar city but it is worth mentioning that the drugs have been recovered at Tarn Taran. The Petitioner has produced a bill regarding the procurement of the drugs in question issued by Harpreet Traders. Wholesale Chemists and Druggists, Laxmi Market, Katra Sher Singh Amritsar in favour of R.K. Medicine Centre. Further the Petitioner has produced another bill issued by R.K. Medicine Centre in favour of Khalsa Medical Store, Near Gurudwara Lalkar Sahib, Gohalwarh, Tarn Taran but the proprietor of above said Khalsa Medical Store Sandeep Singh s/o Sh. Parmatma Singh, resident of Gohalwarh, Tarn Taran has stated in his statement that he did not place any order with R.K. Medicine Centre regarding questioned drugs and Petitioner failed to produce any such order which states that he was not authorized to possess the drugs in question recovered from him in Tarn Taran City as he is nor a valid drugs sale license holder and neither possessed a valid written purchase order. Therefore, the provisions of NDPS Act, 1985, are attracted in this case.;